Would you like to have a child and use a surrogate mother? There are new rules governing surrogate pregnancy, to protect the rights of both the unborn child and the surrogate mother. A notarized agreement is required before the start of the pregnancy to legally establish the link with the intended parent(s).
Family law reform and recognition of the surrogacy contract
On May 31, 2023, Bill 12, part of the ongoing family law reform initiative, was passed by the legislature. The Quebec legislature now recognizes as legal, in the eyes of the law, the contract between the surrogate mother and the spouses who formed the parental project. In this respect, Bill 12 marks nothing less than the State's recognition of the new social realities of Quebec families.
The parental project between a surrogate mother and a single person or a couple
In short, surrogate pregnancy is the result of a parental project by a single person or a couple (parents of intent), domiciled in Quebec, who wish to have a child. To achieve this, the single person or the intended parents call on the services of a woman (the surrogate mother) who voluntarily agrees to carry the child.
Pregnancy-for-hire agreements are now legalized in Quebec, based on articles 541.11 to 541.19 of the Civil Code of Quebec and the related regulations. A clear, predictable and safe process has been instituted to regulate surrogate pregnancy so that the rights of children and surrogate mothers are protected.
After the birth of the child
If the surrogate mother wishes to continue the surrogate pregnancy after the birth of the child, the child is then entrusted to the parents of intention.
They are not the child's legal parents, but are the guardians and holders of parental authority by virtue of the child's surrender. They can therefore make decisions concerning the child.
Between the 8th and 30th day following the birth, the surrogate mother who wishes to proceed with the surrogate pregnancy project may give her consent for filiation to be established with regard to the intended parents.
The intended parents must forward the declaration of birth to the Registrar of Civil Status, together with an authenticated copy of the notarized surrogacy contract and a copy of the surrogate mother's consent or, depending on the situation, a document stating that the surrogate mother is deceased or unfit.
On receipt of the documents, the Registrar of Births, Marriages and Deaths issues the birth certificate with the names of the intended parents, if everything is in order. The intended parents thus become the legal parents, without the need for the adoption process.
An agreement that must be notarized
The adoption of Bill 12 and the legalization of surrogacy agreements further establish the notary as a legal advisor to Quebec families.
Pregnancy agreements are exclusively notarized.
In the best interests of the child and to protect all parties involved in the surrogate pregnancy project, the law rightly provides a rigorous legal framework for the surrogate pregnancy agreement. The guarantees offered by the notarial deed and the intervention of the notary will henceforth make it possible to protect all those involved in this life project, as well as the unborn child, while using an entirely non-judicial route, avoiding recourse to the court to establish the bond of filiation.
The notary, who enjoys the trust of the Quebec population and accompanies them through each of life's important stages, is the ideal professional for this new role, as he combines the human side necessary for this type of file to run smoothly, with the desired legal protection that is so important for the parties and the Quebec state.
